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Anjuru Chandra Sekhar (Advocate )     18 September 2011

Remedies under N.I. Act

Dear Members,

X has been convicted of an offense under section 138 of N.I.Act for cheque bouncing (cheque issued to Y), he spent his time in jail and completed his term.  Y still did not get the money that X owe to him.  Can he file a civil suit after X had undergone punishment under N.I.Act?

Thanks and regards,

Chennakeshava



Learning

 8 Replies

Arvind Singh Chauhan (advocate)     18 September 2011

Yes he can file civil suit, if it comes within limitation period of 3 years.

Anjuru Chandra Sekhar (Advocate )     18 September 2011

Dear Arvind,

Thanks for reply. Can a Criminal court award compensation to avoid Civil litigation?

Thanks and regards,

Chennakeshava

Arvind Singh Chauhan (advocate)     19 September 2011

Yes criminal court can award compensation to the victim also, Even then civil proceeding may lie.

Vipin Kumar Marya (Advocate)     19 September 2011

Yes I fully agree with Mr. Arvind, advocate

Regards

Vipin Marya

advocate

www.lawlair.com

9811340017

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 September 2011

Dear Chandershekhar

yes Y can file a ordinary civil suit for recovery of money.

Anjuru Chandra Sekhar (Advocate )     24 September 2011

Mr. Sardesana, well said.  For same cause of action if a person is undergoing punishment for criminal and civil liability it is because we have a division of legal system into two criminal and civil...not because the person is on wrong side.  Once civil liability is fulfilled, he shall be set free.  Or if he is not in a position to fulfill civil liability, then he shall under go punishment. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 September 2011

but for civil liability he will file indigent application than what you will do.

Surendra Gupta (Banker)     07 November 2011

Filing of Civil suit s the only remedy open to you for recovery of your dues now. The Criminal court could have awarded compensation to you equal to the amount of the cheque together with simple interest @ 9% p.a. at the time of awarding jail sentence. The  Hon"ble Supreme in a recently decided case has observed that the criminal court s are empowered to do so. Of course you have to ensure that the drawer has sufficient means for realisation of your decree, which appears to be doubtful
 


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